Foreword The reactions we were happy to receive following the

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Foreword

1. Non-Departmental Research 1. 1 People who commit robbery with

violence

1.2 The effects of prosecution policy in the case of minors

1.3 The development of crime in the Flevo polder; a first report 1.4 Rehabilitation-fourth report

-‘Recidivism’

1.5 Fraud and public transport, and aggression in traffic

1.6 Consequences of imprisonment 1.7 The legal position of minors

2. Departmental Research 2.1 Crime and the retail trade

.2.2 Individual remissions in the case of_{criminal offences and recidivism}

2.3 Crime and preventive devices 2.4 Alternative sanctions

2.5 The harmonization of sentencing under discussion- the Arnhem District

2.6 The extent and development of crime 2.7 An observation study of police patrol

activities

2.8 The judiciary and class justice 2.9 The role of the judge in society

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Foreword

The reactions we were happy to receive following the

first issue of this annual bulletin last year, formed a

stimulus to proceed in the direction taken. The

researches reported upon in this consequent issue deal,

as we feel, with some interesting topics.

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1 Non-departmental research

Research conducted by institutes or experts in the

Netherlands

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1.1 People who commit robbery with violence

Institute of Criminology of the State University of

Groningen, 1976.

Authors:

Dr. F. P. H. Dijksterhuis

0. J. A. Janssen

Background to and design of research

At the end of 1973, it was decided to investigate the

incidence of robbery with violence. The project was to

be Jundertaken by the Research and Documentation

Centre (RDC) and the Institute of Criminology at

Groningen — divided up between the two — the first

would analyse the crime of robbery with violence and

the Institute of Criminology would principally examine

the social background of the perpetrator. This summary

deals with the latter aspect of the research. Since it is

not possible to select people who have been convicted

of robbery with violence on the basis of any particular

section of the Criminal Code, it has been defined as an

offence in which two elements are central, namely (1)

the threat or use of violence (as a means) and (2)

unlawful material gain (as the object). Further, the

project was limited to violent robbery committed by

one or more perpetrators on banks, security carriers

and petrol stations. The target group was composed of

persons convicted of offences of this kind during the

period July 1974 to May 1975. A comparison with cases

of violent robbery recorded by the Central Criminal

Information Department indicates that the sample did

not deviate significantly from the overall group of

persons convicted during that period.

The interview, which was standardized, covered sixteen

subjects: planning, execution and result of the attack

(the three subjects that RDC undertook to deal with),

the probability of being caught, alternatives (legal and

illegal) to robbery, work, financial situation, marital

status, friends, education, self-reported criminal past,

military service, origin and home background.

expectations for the future and attitudes to violence or

aggression. In addition, data were also obtained on

official criminal records.

Some findings

The information available on persons who commit

violent robbery on banks, security carriers or petrol

stations is fragmentary. The results are no more than

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hypotheses that can be further researched. The salient

findings are given below, subject to this reservation.

Age:

the perpetrators are on average about twenty-five

years of age, which means that this group still have a

good number of active years ahead of them. Having

regard to the nature of the crime, this means that they

are worth a certain amount of attention. Where

possible, it is important that such people be

rehabilitated, all the more so, because their long records

make recidivism more than likely.

Failure:

they have failed in virtually every field where

this is possible — in their education, their work and their

criminal behaviour. There are indications that failure at

school can lead to crime. It is possible that under a

different educational system the chance of failure might

be reduced and with it the criminogenic effect of the

schools. In the future, schools might, in this way,

contribute towards the prevention of crime. This is a

further field for criminological research.

Work:

more than half of those interviewed were jobless.

It appears from the survey that these people are the

ones who obtain longer unconditional sentences of

imprisonment. The researchers cannot explain these

longer sentences in terms of the effence committed,

where this information was available to them, nor

through a more extensive or serious criminal past

(whether self-reported or recorded). It is, of course,

going too far to say in the light of this investigation that

the courts punish unemployment; the investigation was

not, of course, directly concerned with that point.

However, this finding deserves further examination.

Alternatives to robbery with violence:

in the case of

most of these persons, there were none. Having regard

to their continued failure as indicated above, one may

wonder whether they will find any in the future. In this

respect, one can hardly expect improvement from

nothing but punishment.

Criminal record:

this is substantial and consists chiefly

of offences against property. This confirms the

prevailing opinion that those who commit robbery with

violence are in fact essentially guilty of theft. There are

indications that carrying weapons — which gives rise to

associations of aggression — is in fact done in order to

prevent rather than commit violence. To follow this

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line, one could argue that the heavier sentence should be based not on the carrying of arms but on injury. Criminal procedure: The lengthy waiting period between confession and the courth hearing should be a matter of concern. It further affects the possible value of heavy sentences given for committing such offences. The future: having regard to the background of failure and the long records of these persons, the prognosis cannot be all that positive, certainly not if the reaction of society to their offence is limited to punishment. Suggestions for further research

The project would indicate that the group of people who commit robbery with violence cannot be investigated as an independent category of law-breakers. This would be an argument for placing the problem of this type of offenders in a broader framework in the course of any subsequent research. In this connection, the researchers are considering proceeding with the project in stages.

The first stage of such a project would have to deal with the specific social backgrounds of 'chronic offenders', i.e. habitual offenders with long records who started off on their criminal career in their youth. It appears from both this study and from other studies that those who commit robbery with violence must be included in this category. The central question in this case is whether this group, as the researchers postulate, are really at the bottom end of society.

The second stage — if the reply to the premise in the first stage is affirmative — would involve further analysis of the group of 'chronic offenders'. The subject of such an investigation would have to concentrate on (I) the crime-patterns of this category, (2) the differences in social background within the 'chronic offenders' category and (3) the significance of the informal structure of the crime pattern. By this means, any specific characteristics of persons who commit robbery with violence could be isolated.

A third stage of the project would comprise an analysis of the group of persons committing robbery with violence. After distinguishing the various types within the category, particular attention will have to be paid to the way in which the object of the robbery is selected.

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The fourth stage of the project would have the robbery itself as its subject. This must be analysed from the angle of the use of violence and the inducement to violence.

1.2

The effects of prosecution policy in the case of minors*

Bonger Institute of Criminology, University of Amsterdam, 1975.

Authors:

Dr. 0. W. M. Kamstra Ed. Leuw

Object and design of the project

The aim of this project was to check in the light of file data whether action by the public prosecutor has any effect on the recidivism pattern amongst juvenile delinquents. In research terminology, such action is the independent variable (the explanatory variable) and the recidivism pattern the dependent variable (the variable which is explained). From an information-gathering inspection of the file material, it emerged that only a very rough definition of these variables was possible. The action of the public prosecutor was defined as 'strict' (summonsing of the juvenile delinquent) or 'clement' (non-summonsing of the delinquent). The effect on the recidivism pattern was determined as: non-recidivist, recidivist after a brief period, or recidivist after a lengthy period.

The group concerned in this project may be defined as all Dutch boys who had their first contact with the law during the first six months of 1972. The period covered by this project runs to June 1975. The juvenile

delinquents could therefore be monitored for nearly three years at least. For the purposes of this project, therefore, non-recidivist means no recidivism before June 1975. The recidivism pattern was traced by gathering the criminal records relating to all first offenders appearing in the files for the first six months of 1972. The files of the recidivists could be traced in turn in this way.

Results and conclusion

Only on first contact with the law did there appear to be any statistically significant relationship between the two

* This report is entitled 'Research into the effects of the action of the public prosecuter on the recidivism pattern in the case of minors'.

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variables. Non-summonsed first offenders displayed less recidivism than the juvenile delinquents whose cases were pursued. On second, third and fourth contact, there was no further question of such a relationship. Two alternative explanations were formulated for the difference found in the recidivism pattern between summonsed and non-summonsed first offenders. The first assumes that there is an essential relationship between the action of the public prosecutor and the recidivism pattern. Summonsing can have a stigmatizing effect on a juvenile delinquent and, as such, contribute to earlier incidence of recidivism. The second possible explanation is that the public prosecuter selects 'more serious' cases for summonsing and that the young people concerned are in any event more or less prone to recidivism whatever action the courts might take. According to that explanation there is no relationship between the action of the public prosecutor and the recidivism pattern.

The above explanations are incompatible. The 'causal explanation' is acceptable only if it can be demonstrated that there is no relevant difference between summonsed and non-summonsed delinquents. On comparison, however, it emerged that summonsed first offenders had on average committed more offences and had also been involved in more serious thefts. These findings pointed to the conclusion that the public prosecutor's decision has no demonstrable effect on recidivism patterns, a conclusion which is necessarily based on far-reaching reduction of what the researchers are really interested in, i.e. the nature of the judicial process. What is the attitude of the courts towards juvenile delinquents? What motives, considerations and objectives play a part in this? How is this attitude experienced by the

delinquents concerned? Does it have any effect on the delinquents' pattern of behaviour and, if so, what? Questions of this nature are most pertinent but could not be investigated within the framework of this file based research.

If meaningful research is to be undertaken into the effect

of action by the public prosecutor against juvenile delinquents, the number of factors examined will have to be greatly expanded as regards both independent and dependent variables. The policy adopted by the public prosecutor is a comprehensive factor within the judicial process and more of its aspects than merely the formal difference between summonsing and non-summonsing ought to be investigated. This point has even greater force where the delinquent is concerned: a wide range

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of social and psychological factors concerning the life

history and present situation of the juvenile delinquent

needs to be studied. When analysing contact with the

law, the significance of this for the juvenile delinquent

must take pride of place. How does the juvenile

delinquent perceive his contact with the law? What

effect does it have on his image of himself, on his

expectations for the future, on his social relations, and

the like?

With research of this type, which is here sketched in

broad outline, the methods to be used will be more

laborious and demand more of the courts and the juvenile

delinquents than was the case with this file based

research. Because of the widely differing aspects as to

both content and research techniques, it is

recommended that any such research should be

designed on a multi-disciplinary basis; co-operation

between remedial teaching experts and criminologists

would be useful. With a more qualitatively aligned

investigation of this kind, material can be collected with

the aid of interviews, tests, possibly, and observation of

the contact between the juvenile delinquent and the

criminal justice system.

1.3 The development of crime in the Flevo polder; a first

report*

Bonger Institute of Criminology, University of

Amsterdam, 1976.

Author:

Ed. Leuw

This research is based on the daily reports prepared

from 1 January 1967 to 1 January 1976 by the State

police of the Lelystad Group on events in the present

area covered by the Southern Ysselmeer Polders Public

Authority. This analysis of daily reports is the initial

phase of a number of sub-projects aimed at obtaining an

understanding of the development of deviant/delinquent

behaviour in the new residential areas of Southern

Flevoland and the patterns of formal and informal

reactions to it. On the one hand, the research material

used in this case has a limited value because it contains

only summary information on the events concerned;

further, it is open to all the objections associated with

* This report on the first stage of the project is entitled 'Deviance and delinquency in the new residential areas of Southern Flevoland; an analysis of daily reports by the police, 1967-1975'.

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'official' data. The effects of selectivity on the material and the internal functions that daily reports have to serve in the police make any understanding of the 'true' course of events during the period of time covered impracticable on the basis of the present material. On the other hand, the material is valuable because it can be approached as a systematic record of everything that happened involving the police at Lelystad during this period. In this respect the daily reports are in fact the most appropriate material because they form the initial 'raw' material to which no further selection has as yet been applied by the police or the courts.

The total number of events listed in the daily reports has grown from 133 in 1967 to 1094 in 1975. Most of it relates to misdemeanours, mainly traffic offences. As from 1972, there is an increase in the ratio of crimes and non-criminal acts to the total number of events. There is also a slight increase in the number of offences recorded per 100 inhabitants, from 1.1 to 1.5%. within the period. Particularly noteworthy is a sharp increase in the number of 'social problems' in 1974 and 1975. The time of year plays a small role in the occurence of the various kinds of event. A slight increase can be noticed in crimes and traffic offences during the slimmer months. The geographical distribution of events roughly follows consecutive development and occupation of the various areas. The central area, in particular, begins to play a steadily more important role over the years as the place where events are recorded. Many events, and offences against property in particular, take place on building land and public works sites.

Commercial property is the main target of offences and destruction; private persons are the target in 30 to 40% of these cases. The increase in the number of recorded events over the years is paired with a relative drop in 'own detection' by the police. The police are therefore increasingly dependent in carrying out their duties on information from the community. This applies particularly to the criminal offences and vandalism category. The percentage of events on which the police report officially fluctuates greatly over the years. The number of `no official report' cases has in subsequent years increased to about 40%. By far the largest number of official reports on criminal offences and vandalism are prepared at the instigation of third parties. In order to obtain some understanding of the

relationschip between five variables - criminal offences, traffic offences, other offences, population size and police strength — a correlation analysis was carried out.

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The question of the effect of population growth and the

increase in police strength on the development of the

number of events in the three other categories was

given special attention. It may be inferred from the

correlation analysis that a good 70% of the increase in

the number of criminal offences can be put down to

population growth. The increase in police strength has

no demOnstrable effect on these figures. Traffic

offences, on the other hand, can be explained

particularly by the police strength. These facts would

indicate that the detection of traffic offences is

dependent on police action, while the development in

the number of criminal offences is determined

principally by influences external to the police. The

increase in the number of offences recorded is

associated with a drop in the number of recorded traffic

offences. This effect is in all probability due to the

priority given by the police when turning their attention

to the various kinds of events. The relation thus found

is therefore a clear illustration of the premise that daily

reports tend rather to give a picture of what the police

have been concerned with over the years than of actual

developments in the area covered by the Public

Authority.

1.4 Rehabilitation*

—

fourth report

—

'Recidivism'

Institute o‘f Criminology, Free University of

Amsterdam, 1976.

Author:

Dr. G. Snel

Introduction

This report deals with that part of the rehabilitation

study relating to recidivism. In most research,

recidivism is regarded as repeated contact with the law.

This is to ignore the fact that there may well be one or

more new offences without there being any contact with

the law (called "hidden recidivism"). This study is an

attempt to determine to what extent this occurs. To this

end, all repondents concerned in the original

investigation in 1973 were again asked whether they had

committed futher offences since their release. The

infor-mation obtained showed that the number of recidivists,

which amounted to 118 according to the official data,

had risen to 167. Four groups could now be formed on

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the basis of this information — a group of non-

recidivists, a group of total recidivists (official and

semi-official), a group of official recidivists and a group of

semi-official recidivists. A number of comparisons will

be made with the aid of these groups.

Results

The report consits of two parts. The first part discusses

the results of comparisons between total recidivists (=

official + semi-official recidivists) and non-recidivists,

official recidivists and non-recidivists, semi-official

recidivists and non-recidivists, and between official and

semi-official recidivists. These comparisons were made

using personality tests, biographical data, information

concerning the criminal career, and questionnaires

completed during detention and after release by both

clients and their social workers. These comparisons

certainly produce some kind of picture, particularly

where total or official recidivists are compared with

non-recidivists, but the statistics were fairly small in

number (although generally greater than might be

expected on a chance basis).

If we compare total recidivists and non-recidivists, the

following sketch of recidivists can be obtained. They

are persons who on personality scales appear as less

socialized and with less sense of responsibility and

self-control. In their early youth, they stand out through

their conduct (truancy, conduct at school, running away

from home), residence in homes, and a lack of control

on the part of father and mother. Their adolescent

phase is distinguished similarly by their conduct

(quarrels with neighbours and the police, bad

influence of friends, frequenting of bars), the level of

their first job after leaving school and frequent changes

of job. In their last year before detention, they are

characterized by their attitude to the neighbourhood,

which was impaired on a number of points, the

frequency of job-changing, leisure time which is more

frequently spent away from home, and the degree of

contact with persons with whom they circulate, marital

status and whether or not they have a partner, the

degree to which the police and the public prosecutor let

them have their say, the degree to which court

pro-ceedings were understood, the attitude to a stay in a

House of Dentention, the degree of contact with other

detainees, the dislike of prison staff, relations with staff,

a tendency to consider crime as normaal the longer they

are detained, and visits, correspondence and the

prisoner's attitude towards them during detention.

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Those total recidivists interviewed within the first two

months of release think differently about the

atmosphere at home, spend their leisure time differently

(more away from home), have had more contact with

the 'criminal world', and differ more in marital status

and whether or not they have a partner. They found

that they then did less well in a number of ways,

encountered more difficulties, had more frequent

contact with the rehabilitation service, and had aquired

a rather different image of themselves.

In the period two to eight months after their release,

recidivists stand out with regard to the atmosphere at

home, their neighbours, joblessness and their

relationships with others in, amongst other things, the

'criminal world'; marital status, whether or not they

have a partner, and their attitude to the latter, the

atmosphere at home with their parents, how well they

function during that time, difficulties and a number of

aspects of their image of themselves.

As regards the period from eight to fourteen months

after release, those recidivists interviewed have more

negative attitudes towards the atmosphere at home, are

jobless more often, are more critical of the boss and

fellow workers, spend more leisure time away from

home, and are more prone to bad influence by others;

during that period, they also functioned less well. As

regards the questionnaires completed by social workers

on their clients, it should be noted that it is

parti-cularly clear that social workers rate the chance of

recidivism of subsequent recidivists more highly.

It has not as yet been easy to determine which of the

large quantity of variables are the most important with

regard to recidivism. This point will be dealt with in the

fifth report.

Final remarks

How can the differences now determined be assessed?

There is a temptation to set up the data obtained as a

kind of cause-and-effect model on the following lines:

personality factors --> behaviour

delinquency and

recidivism

However, this model is to be rejected because it is

based only on data obtained by interviewing

delinquents. The model must at least be complemented

by more "objective facts" such as information on the

criminal career, a procedure which accordingly has

been followed in this study. From the major differences

in this respect between redidivists and non-recidivists, it

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can readily be inferred that experience of the courts and

police also plays a major part. What is more, the

personality factors were obtained during detention. This

alone makes it impossible to assume that these are the

cause of the recidivist's conduct and his recidivism.

More likely than not, the personality factors are the

consequence of experience obtained in the ordinary

course of life, including experience obtained form

contact with the courts and police and prison and the

House of Detention.

In the light of these considerations and of the present

theoretical state of affairs in criminology, a more

allround approach would seem to be to adopt a kind of

interaction-model

where behaviour, i.e. including

recidivism, is seen as the result of the interplay of

personality (which in itself cannot be looked at divorced

from social environment), behaviour and the reactions

of others, including those who semi-officially and

officially react to behaviour (whether or not defined as

deviant or criminal). What must undoubtedly be studied

in this connection is whether the characteristic

differences between the recidivist and the non-recidivist

that we have discovered in this survey are not al least

partly brought about by the sanctioning actions of the

police and officers of the court who arrived at their

decisions in the light of precisely those characteristics.

1.5 Fraud and public transport, and aggression in traffic*

Institute of Criminology of the State University,

Leiden, 1977.

Author:

Dr. A. R. Hauber

Introduction

Attention was paid to comparative aspects in particular.

A hundred transport companies in a large number of

European countries were involved in the project in the

role of victims of public transport fraud, while in the

Netherlands, Switzerland and Denmark 'perpetrators' of

public transport fraud were approached anonymously by

means of a procedure specially designed for the purpose

and asked about the background to their behaviour.

The project on 'aggression in traffic' also involved the

three countries referred to. In addition, the findings

* In May 1977 a doctoral dissertation was published entitled sGedrag van mensen in beweging'. This may be regarded as an interim report on a section of the researches into 'Fraud and public transport' and 'Aggression in traffic'.

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obtained in the field were supported by laboratory research.

The study consist of three parts:

1 a theoretical section, in which the way in which rule breaking behaviour may arise and the conditions under which less serious forms of rule breaking behaviour may affect the development of more serious forms are analysed; 2 an empirial section, in which specific results of

experimental and field research are analysed and compared;

3 a policy section, indicating by what measures these forms of rule breaking behaviour in travel situations might be reduced and what the possible consequences might be of such changes.

Results

In this summary, the emphasis is placed on some results of the research into 'Fraud and public transport'. The private and public transport situations examined proved to invite aggressive and fraudulent behaviour respectively in a large number of cases, those who accepted the invitation, amounting to 15 to 25% of all those observed in both situations, did so for emotional reasons. Their behaviour may be regarded as a way of resolving conflicts in an anonymous environment which is appreciably less threatening to them than a personal confrontation with the adversary in the conflict. The percentages of interviewees admitting that they had travelled by public transport at least once during the past five years without paying differ appreciably: in Zurich the percentage (36.2%) is more than three times as great in Amsterdam (11.1%) and in Copenhagen it lies in between (25.2%). The relatively low percentage' applying to Dutch Railways (14.5%) is probably connected with the fact that the opportunities for fraud on the railways tend to differ from situation to situation. The number of fare-dodgers is of course no indication as to the average absolute fraud. For that, figures are required on the average absolute fraud frequency per year. This, too, appears the highest in Zurich, where the average fare-dodger travels (1973) 49 times without a valid ticket. In Amsterdam (1972) the figure is 23.3 times, in Copenhagen (1974) 22.7 times and on Dutch Railways (1974) 11.7 times. It must be remembered that the price of an average journey by Dutch Railways and in Copenhagen is appreciably higher than that in Amsterdam and Zurich. In the case of public transport fraud, the weight of financial reasons must not be under-

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estimated, though when people mention this, it is generally a rationalization.

The author feels that the project has enabled him to show that rule breaking behaviour in these situations may be the result of a learning process. It became clear from the research into aggression in traffic that there is a significant relationschip between aggression in upbringing and the existing home situation on the one hand and aggression in traffic on the other. Aggressive behaviour therefore proves to be an acquired method of

• solving conflicts.

The public transport project indicated that fare-dodgers belonged to a sub-culture in which failure to pay for a ticket is part of the pattern of values and norms. These values and norms are transferred by the older to the newly arrived members of the sub-culture. Here, too, it is clearly a question of teaching effect. Rule breaking and criminal behaviour can be regarded as wrongly acquired behaviour which can be unlearned and replaced by new behaviour patterns that can be learned. The changeability of human behaviour has recently also been generally demonstrated by experiment (see Bandura, 1973, inter alia) and this fact is being applied in behiour therapy.

The research data offer us an opportunity to increase our understanding of the changeability of rule breaking behaviour. The project in fact is of a longitudinal nature: the data concerning one single person or situation extend over a period of at least five years. In this way, we were able to deduce from the available material that 37.8% of fare-dodgers ceased committing fraud during the course of the research period, even though they continued travelling by public transport.

Another group of fare-dodgers showed they were willing to end their fraudulent conduct if certain conditions were met. On the other hand, many new fare-dodgers commence their activities each year, so that on balance the percentage of these people increases yearly. In 1974 the transport companies lost some 5% of their income in this way. •

A last, fundamental conribution offered by the

theoretical model concerns the consequences that lesser forms of antisocial behaviour may have for the creation of more serious forms of rule breaking behaviour. This generalization effect is supported by empirical research. Here, too, use was made of a double testing procedure: the, results of experimental and field research confirmed each other. It appears from the interviews that fare-dodgers are responsible for a greater amount of and more

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serious forms of rule breaking behaviour than the control

group that does not dodge fares. The experimental research

indicated that with regard to rule breaking behaviour,

people are inclined to take greater and greater risks if

certain forms of rule breaking behaviour are repeatedly

successful, and greater risks generally imply more

serious forms of such behaviour.

In addition, the empirical research revealed that the

dark numbers are very high in both public transport

fraud and aggression in traffic. The probability of being

caught seldom exceeds 5%. It was also demonstrated

that other forms of rule breaking behaviour produced a

corresponding picture as regards the dark number

aspect. This implies that virtually everyone breaks the

rules now and then. Of 8673 persons interviewed, 96.4%

appeared to admit as much.

As regards public transport fraud, the analysis enabled

four types of fare-dodger to be distinguished, based on

seriousness and motivation. The generalization effect

referred to above is most likely to arise amongst the

most sophisticated fare-dodgers, who frequently actively

attempt to avoid payment. On the other hand, increasing

the fines appears to have the strongest effect on the more

naive dodgers, who fail to pay just now and again. •

• Futher, the "inviting" situation was clearly a

contributing factor: the frequency of fraud was found to

be the highest where a self-service system exists with

tickets sold off the vehicle, where charges are high,

where inspection by uniformed staff is infrequent, and

where fines are low.

This has little bearing, however, on the detected

frequency of fraud. This depends chiefly on the

frequency of inspection. A comparison of the results of

research in Zurich and Copenhagen shows that actual

frequency of fraud does not differ significantly, despite

a great difference in detected frequency of fraud.

Amongst fare-dodgers, the following categories are

over-represented: young people, men, unmarried,

people with a low income, and those who have no

private transport. This picture in many respects

coin-cides with that of those adopt other minor forms of

rule breaking behaviour. An interesting finding is that

the percentages (15 to 25%) of this behaviour in both

investigations barely differ. Further analysis shows that

in both cases a high percentage of the causes may be

put down to transferred aggression, the solution of

conflict in which an attempt is made to work off

anonymously unpleasantness experienced in the home

or at the office. Depending on the means of transport

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used, one of the two forms of rule breaking behaviour will be selected for this. Both forms are complementary at a certain level. Only seldom do both forms of rule breaking behaviour appear to be adopted. As a result of the findings produced by this research, policy guidelines have been developed which, if desired, could be used to reduce the frequency of these forms of rule breaking behaviour.

As regards the public transport situation, the

introduction of free transport within the conurbations in the near future is recommended, provided that at the same time the quality of the transport is raised. As regards short-distance inter-city transport, a system of charges more adapted to the degree of utilisation should be introduced (halving the charges during off-peak hours), while almost full automation of payment and inspection is also to be recommended. In order to regulate aggression in traffic, changes are

recommended, on the one hand, in irritating traffic measures and situations by, amongst other things, introducing speed restrictions adapted to the local situation instead of a generaldimit. On the other, attention should at the same time be paid to improving inter-personal relationships in traffic situations by, inter alia, compulsory courses aimed at a more positive experience of participation in traffic. This would result in situations less inviting to aggression, while the individual, after the obligatory training, would feel less need to choose aggression in traffic as a solution to

conflict.

1.6 Consequences of imprisonment*

Willem Pompe Institute, State University, Utrecht 1977

Author:

Dr. L. M. Moerings

Formulation of the problem and method of research

According to section 26 of the Prison Administration (Principles) Act, the deprivation of liberty should, while retaining the character of punishment, at the same time be useful as a preparation for return to society. This task of re-socialisation should amount to more than merely preventing recidivsm. A stay in prison should have a

positive

effect on the life of the prisoner. This

* A doctoral dissertation was published in June 1977 entitled 'De gevangenis uit. de mitatschappij in', based on this research.

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project therefore examines the true significance of a stay in prison for the prisoner's social relationships. In order to determine the significance of imprisonment as affectively as possible, it is important to know the prisoner's situation before his entry into prison. The 195 prisoners interviewed were therefore questioned intensively during their imprisonment on their social contacts before their stay in detention. Their contacts with the outside world, through visits and the post, during their stay in prison were also discussed with them. A second conversation, six months after their release, dealt with their social situation since the ending of their term. The wives of married prisoners were also involved in the investigation. The mothers of unmarried prisoners were interviewed.

Contacts during imprisonment: visits

The only opportunity of maintaining contact with home during a stay in prison is through visits and the post. More than half the wives (56%) visit their husbands each week. The high cost of travel and the brief visiting times are important factors inhibiting a weekly visit. Amongst the unmarried, a large number (30%) receive no visits at all.

During the visit, according to the husband, they mainly catch up on what has been going on at home. It would appear from the problems brought up during the chat that the husband's absence has left its marks on the family: financial difficulties, eduction problems and physical/mental problems for the wife. By no means everyone, discusses present problems. Nearly half the prisoners admit to keeping off certain problems: sexual difficulties, adverse prison experiences, marriage problems, etc.

It is noteworthy that the

wife

sees the visit differently: she finds that chiefly her difficulties are not given an airing and that talk centres mainly on the problems of the husband. Both partners therefore find that the other's problems receive more attention. The closed nature of an institution and the presence of a warder during the visit contribute to the misunderstandings that can thereby arise in the relationship. 60% of prisoners in closed institutions and 32% in open institutions say that they avoid certain subjects. The paradox then arises that prisoners with relational problems, partly owing to these difficulties, are less likely to be considered for transfer to an open institution, so that precisely those whose need for an open discussion is greatest are denied the possibility of a relatively

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favourable situation for discussing their problems. Family situation during itnprisonment

While it may already appear during the visit that problems have arisen in the prisoner's home owing to his absence, the conversations with his wife on the family situation confirm this impression further: financial worries are one of the problems most

frequently mentioned by wives, bringing up the children is an additional heavy burden on the wives, while wives' contacts with their surroundings als become more of a problem — they are stigmatized by

neighbourhood residents and are sometimes cut off from their acquaintances. A number of women have difficulty in coping with this, as is clear from among other things the increased visits to doctors in connection with mental and/or physical complaints.

Marriage

Because of the restricted opportunity for contact between man and wife during imprisonment, the husband is insufficiently aware of marriage problems. Divorce, always initiated by the wife, is sometimes unexpected and deterioration in the relationship (without this amounting to a break as yet) eventually becomes more pronounced than the husband had anticipated.

Job

The prisoner's job situation does noet look too rosy six months after his release. One third of ex-prisoners had done no work at all, while another third had worked only temporarily: periods of working alternate with periods of joblessness. However, the job background is put into relief only when comparing it with the situation before imprisonment: this was in many cases no better, and it is only that the outlook becomes still more bleak after imprisonment.

Social contacts

Ex-prisoners are stigmatized more frequently by neighbours than by relatives or friends or acquaintances. Neighbourhood contacts, however, were generally not all that close before imprisonment; the more superficial the contacts, the sooner imprisonment becomes such a drastic event that it leads to stigmatization.

Imprisonment has an adverse effect on prisoner's social relations in various ways. Yet, the changes that occur are not all that great in the situation before

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Labelling approach

In the course of this research, a theoretical link was

sought with the labelling approach (Becker, Goffman,

Lemert). The renewing element and force of this view

lay in the different, relativizing definition of deviant

behaviour: behaviour which is labelled as such. The

social reaction is allotted a central role. A person who

has the label of "deviant" stuck to hem by the

authorities or his immediate social environment is

deprived of his chance of leading the life of a normal,

unremarkable individual. The social reaction becomes

the origin of existence as a deviant. Applied to the

theme of the project, this means that according to the

imprisonment is taken into account; this is evident

merely from the prisoner's employment record which

was poor before imprisonment and deteriorates still

more after imprisonment; for a large number of

prisoners, no further deterioration was possible because

they had already been unemployed beforehand.

The conclusion is that although crime is not restricted

to the lowest classes — as is clear from other research —

it is predominantly the lowest social classes, and the

socially weakest groups within them, that end up in jail.

A stay in prison does not so much set a process of

stigmatization and social isolation in motion but is more

an

expression

of a low, poor social position.

Imprisonment is chiefly the-continuation of a trend, but

in a downward direction.

First offenders and recidivists

This downward trend becomes more acceptable if the

research group is divided up into first offenders (in the

sense of imprisoned for the first time) and repeated

offenders. The basic situation is generally worse for

repeated offenders than for first offenders; the former

are more negative towards their relationship with their

wives, the job circumstances are poorer, and above all

they complain more frequently about living conditions.

It is repeated offenders' marriages that deteriorate

further or reach breaking point. They find it more

difficult to obtain work on release and it is they who

speak more frequently about reduced contact and

stigmatization. These differences between first offenders

and repeated offenders have yet further consequences:

during the second interview, held six months after

release, it appeared that one third of recidivists (37%)

had again fallen foul of the law in the meantime, while

this had occurred with only 11% of first offenders.

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labelling approach, a stay in prison has a stigmatizing effect: everyone who has been inside has the label of ex-prisoner attached, which will play a dominating role in his life, so that his chances of becoming an adequate member of society diminish or are, even, fully removed. By following certain critics of the labelling approach and using his own research findings, the author attempted to introduce some shading into the application and consequences of stigmatization. We might refer to the distinguishing effect of the nature of the deviant behaviour, the relationship of the

stigmatizer and the stigmatized, and the deviant's opportunity of resisting the label imposed uporrhim. 1.7 The legal position of minors*

Institute for Applied Sociology, Nijmegen, 1977 Authors:

W. C. M. Scheffer C. Woldringh M. H. J. M. Knapen

The initiative to have research undertaken into the views of Dutch society on the legal position of minors was taken by the Ministry of Justice at the beginning of

1975. After the Second Chamber of Parliament had, in a motion in October that year, urged the drafting of a bill for a broader arrangement of the legal position, the Minister of Justice commisioned the Institute for Applied Sociology to undertake an investigation. An advisory committee set up by the Minister gave advice and assistance.

Formulation of the problem and design of the research The social changes that have taken place since the Second World War have also had their effect on attitudes to relationships within the family. A plea has been made on many sides for greater independence of young people and for a strengthening of their legal position. In 1971, the Committee for a Review of the Law on Child Care and Protection (the "Wiarda Committee") made proposals in this connection. The discussion that has broken loose in recent years concerning minors who run away from home has also

• Subtitled 'Research into the actual occurrence of difficulties between parents and their minor children in a number of 'choice fields', preconceived views on certain of the problems that arise, and attitudes to a broader formulation of the law in this respect'. A summary was prepared by the first and second of the authors and Dr. D. W. Steenhuis, and published simultaneously.

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contributed towards the topicality of the question of minors' rights. The research carried out by the Institute centred on three points:

1. To what extent do difficulties actually arise in the Netherlands between minors and their parents on a number of important "choice fields" such as school and vocational training, place of stay or residence, memberschip of organizations and associations, relationships, assistance, and the like?

2. How do parents, young people and adults view the occurrence of difficulties of this kind generally and to what extent do they consider them serious?

3. What are the attitudes to, amongst other things, solving such problems and granting rights to minors, and extending their decision-making powers?

The project did not cover problems with which the children's courts already deal, the contractual capacity of minors, statutory age limits, legal interpretations

and criminal matters.

To answer the three questions, three samples were taken of which the first two were interdependent. Of over 2,800 persons approached, 33% refused to co-operate. The following were interviewed: - 932 minors (unmarried, age range 12 to 21);

- 932 of their parents (fathers and mothers alternatively; parent and child were questioned independently of each other);

- 937 adults aged 21 to 75 (including married persons aged 18 to 21).

The areas to which the questions related were: education and occupation, income and appropriation of income, place of stay and residence, church membership and membership of associations, relationships and going out, and assistance received. Questions were also asked about habits and appearance.

Minors and their parents (samples I and II)

As regards the subject of school and choice of vocation, there proved to be few problems between parents and their children. Regarding the choice made on

completing basic eduction, 85% of parents and children appeared to agree. About one fifth differed in opinion regarding the choice of job. More than half of the young people were financially quite independent of their parents. They differed very little in how they spent their money. In two thirds of the cases, those who had their own income were allowed to keep it entirely. A very large majority wanted no greater financial independence

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(in the sense of receiving more money but also then having to pay more).

Only a small percentage of those questioned mentioned conflicts connected with the place of stay or residence. The absconding problem was not great; 20% of the young people could, however, imagine circumstances in which they might run away from home, something that their parents *ere hardly aware of. Of the young people questioned, only 6% no longer lived at home.

Children stated appreciably more frequently than their parents that they belonged to no church organization. This did not appear to be so much a matter of conflict, except on the point of nonattendance when the parents were loyal churchgoers. Nor did the large majority of those questioned consider their friends, holidays, association and contacts (if any) with assistance organizations a source of insurmountable difficulties.

Appearance and habits (hair, clothing and smoking) proved to be a source of friction to a far greater extent than questions of greater substance such as school and vocational training and place of stay or residence. More than 30% had had problems in this respect. As regards going out, three quarters of the young people

considered it right that their parents should exercise some control as to the time of home coming.

Parents were rather more reserved than their children, and were less willing to discuss their difficulties. It could not be inferred from the results of the survey whether, or to what extent, certain difficulties were associated with certain types of family.

Adults on difficulties now and in the past (sample III) This sample may be considered representative of the Dutch population with regard to sex, age, degree of urbanization of residential districts, region and marital status. The persons concerned differ in a number of ways from the group of parents referred to in the previous section: on the whole, they were younger, had fewer children, and included more skilled workers and fewer small traders and churchgoers.

A good third of the parents of children of 12 years and over within this category stated that no conflicts had arisen in the areas about which they were questioned. The greatest friction was caused by the time the children returned home at night and their appearance. This was followed by more serious problems such as the choice of a (marriage) partner. It is noticeable that some 36% of these parents were no longer able to remember what solutions were found: an indication that their

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children had their own way? This is certainly the case

the more serious the problem and the older the age at

which it occurs. There was also some indication that the

occurrence of problems is linked with age: 63% of all

conflicts arise after age 15, 36% even between 18 and

21. Certain problems are to a certain extent linked with

the sex of the children. Of the 53 cases mentioned of

problems in choosing a marriage partner (courting,

engagement) only one third concerned boys as against

two thirds concerning girls. As regards appearance

(86 cases) it was precisely the reverse.

The problems that aldults previously had with their own

parents did not appear to differ appreciably from those

that they have or had with their own children. There

seems some indication of increasing tolerance towards

young people.

So much for the actual occurrence of problems between

parents and children now and in the past.

Preconceived views

Apart from the facts, however, the preconceived views

that people have on these difficulties is important, so

that questions were als oncluded on this point.

Topics which are most the subject of preconceived

views among all categories of respondents are living

together outside marriage and the time of returning

home at night.

The group of adults adopts no median position on

virtually any of the problem areas. It takes a rather

darker look at matters than the other respondents.

Amongst aldults, image andreality appear to differ

appreciably from each other. Many of them have

exaggerated ideas regarding participation in action groups

and living together unmarried. The reverse also occurs:

the choice

of

a school or training, actually problem

number. five, and magnitude, problem number seven,

rank only twelfth and fourteenth in seriousness in the

view of adults.

Attitudes

The attitudes of all respondents were first sounded as to

the independence of young people in general, on the

basis of eleven concrete statements. What was most

noticeable when the answers were analysed was the

great concordance between the three groups, even

where some difference of opinion might be expected.

The postulate 'parents in the long run know best

what is good for their child' was subcribed to by a

good 25% of both parents and adults and by as much as

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31% of the young people. Another noteworthy fact is the moderateness of opinions. Here, the adults generally occupy an intermediate position between parents and young people.

As regards 15 of the 17 topics then, submitted, half of all respondents considered that young people should be able to decide independently at a certain point.- An exception was early school leaving and deduction of earnings (if any) for board and lodging. The age at which they wanted to grant decision-making powers

differed appreciably per subject, but for the most part lay beyond the 16th year. Respondents were further asked how they might feel if minors' rights were laid down in an act of Parliament, so that everyone would have to abide by them. There appeared to be little need for a general provision of-this kind. While only 4% of the parents and 6% of the young people gave affirmative answers, a majority (64% of young people, 71% of adults and 79% of parents) considered that

decision-making powers for young people was a matter to be resolved by parents and children themselves. Nonetheless, a quarter of all young people and a fifth of the adults considered certain matters to be suitable for statutory regulation: living together outside marriage, applications for a passport. living away from home, leaving school early, and choice of school and occupation.

Apart from this, what did they think about conflicts being solved through the mediation of impartial third parties? This, too, a majority (average 80%) considered a matter for parents and children alone.

A minority — 12% of young people, 13% of parents and 19% of adults — felt that third parties might be involved,

a social worker coming first to mind (child care and the children's courts were hardly involved) but other suggestions were a good friend and someone from school.

Final considerations

Is prevailing opinion now based more closely on reality than on preconceived views? This question cannot be answered within the framework of this project since the relationship between reality, preconceived views and attitudes appears more complex than had initially been supposed. Nonetheless, it may be concluded as far as the attitudes of the population are concerned, that there is but little need in Dutch society generally for statutory provisions to govern in detail the legal position of minors in general with regard to their parents:

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a quarter of young people, 14% of their parents and one fifth of adults consider statutory provisions desirable in certain fields.

The main conclusion with regard to the information provided by the project on the actual occurrence of problems between parents and children is that it is pot all that clear in what direction these facts point. True, the overall picture is one of relative calm, but substantial problems arise in certain areas. The extent of these becomes more apparent when the percentages obtained are converted into assessments of absolute numbers in the population as a whole. A noteworthy finding in the enquiry is that the difficulties that arise most frequently are least susceptible to statutory regulation because they lie within the sphere of life style and rules of the home. Problems that are susceptible to statutory provision, on the other hand, are to a large content those that concern persons in the age group of

18 to 21: if the age of majority were to be reduced to 18. therefore, their importance, legally speaking, would be sharply diminished.

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2 Departmental research

Research conducted by the Research and Documentation

Centre of the Ministry of Justice

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2.1

Crime and the retail trade

Research and Documentation Centre, 1976.

Authors:

Dr. D. W. Steenhuis

A. W. M. Coenen

Background and design of the project

Having regard to the increasing disquiet of the retail

trade concerning the crime with which retail traders are

faced, RDC has carried out a study of the nature and

extent of this phenomenon. The object of the research

was primarily tot summarize what was really happening

in this field in order to be able to determine whether the

Government should give more consideration to the

problem.

In consultation with the trade associations of

medium-sized and small businesses, a questionnaire was drafted

and used in an attempt to obtain replies to the following

queries:

What is the extent of the problem: to what extent are

retail traders faced with various forms of crime?

2 What is the nature of the problem? This question has

three aspects:

-

What are the facts of the offences: is violence used,

are offences notified, etc.?

-

Are there specific (groups of) bussinesses that encounter

more trouble than others? If so, in what way are they

characterized?

-

Is the problem a seasonal one, i.e. does it cause more

trouble at certain times of year than at others?

In order to answer these questions, a questionnaire was

sent to a sample comprising some 5,500 retail traders in

April, July and November 1975. The sample was taken

from businesses in the four large cities of the

Netherlands and in Haarlem, Groningen, Nijmegen,

Apeldoom and Maastricht. They were asked whether

they had ever had any trouble with rowdyism, revenges,

damage to goods inside or outside the shop, damage to

vending machines, shop lifting, theft from vending

machines, intimidation, protection rackets, damage to

property, breaking and entering, robbery with violence

and any other kinds of crime. They were also asked

whether they had encountered any one or more of these

crimes during the month preceding the enquiry.

Results

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retailers: 55% of them had at one time or another been

affected by shop lifting, about 30% had on occasion

been broken into, a quarter had had some trouble with

rowdyism and 14% had had some trouble with damage

to the shop and 12% with damage to goods set up

outside. Less than 10% of the retailers had met with

any of the other offences. From answers to the question

whether they had encountered any one or more of the

crimes referred to during the preceding month, the

overall picture was the same. Here, too, shop-lifting

takes pride of place: on average some 20% of the

retailers had experienced it, followed by rowdyism

(8%), damage (2 to 3% in each case) and breaking in

(similarly 3%). The figures for the various months differ

little, if at all, (except in the case of shop-lifting) so

that, generally speaking, the problem cannot be said to

be a seasonal one.

As far as the nature of the problem is concerned, it was

found that the use of physical violence was the

exeption. Of the 1,558 shopkeepers who indicated that

they had met with one or more of the crimes referred to

in the preceding month, 72 said that blows were

exchanged. Violence of other kinds or shooting did not

occur in a single case. Further, the police were called

and informations laid as an exception rather than a rule.

Only in 467 (15%) of the 3,192 cases recorded were the

police called, and the number of cases where

informations were laid amounted to only half that

number (6%). The police were most commonly called

for breaking in (75%), robbery with violence (50%) and

theft from vending machines (40%). The results also

show that crime is distributed fairly irregularly over the

various retailers. Of the 2204 cases recorded of crime

involving property, more than half (55%) related to

only 183 (23%) of the shopkeepers indicating such a

crime. Businesses that have a relatively large amount of

trouble are distinguished from the others in that they

are not geared to specific commodities (department

stores, supermarkets) and for the most part are located

in the centre of the town or in shopping centres.

The overall picture emerging from the investigation is

that crime is not a major problem in the retail trade.

Serious offences (the settling of grudges, robbery with

violence and protection rackets) occur only on a very

limited scale and crime as a whole is strongly

concentrated on certain businesses, particularly those

not geared to specific commodities. There would

therefore appear to be little general cause for increasing

disquiet. This is not to say a limited problem is not a

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problem for all that. Such offences as shop-lifting and breaking and entering can have particularly annoying consequences for the businesses that encounter them frequently. Seen in that light, the scope of a

phenomenon such as shop-lifting should be a matter of continuing concern both to Government and to the retail trade.

2.2 Individual remissions in the case of criminal offences and recidivism

Research and Documentation Centre, 1976.

Researcher: Mrs. C. van der Werff Introduction and problem

This is a report of an investigation into the effectiveness of remissions. It.was initiated by a request from the Constitutional and Criminal Law Division, which deals with applications for remissions and with the granting and revocation of conditional remissions. In this connection, the following questions were considered. From the point of view of special prevention, (I) does the remission of punishment have a positive or a negative effect? and (2) should preference be given to conditional remissions over unconditional remissions? In other words, does the granting of conditional remissions have a greater preventive effect than the granting of unconditional remissions?

To answer these questions, a comparison was made between (a) recidivism statistics for those granted remissions and those not (it was not known whether the latter had unsuccessfully applied for a remission) and (b) • the recidivism statistics for persons who received

unconditional remissions and those who received conditional remissions.

Research design

Questions of this kind — into the relative effectiveness of eriminal sanctions and treatment in general — can be irrefutably answered only by means of experiment in which the decision wether to proceed with a particular sanction or treatment is based merely on chance. Only in an experiment of this kind can interpretation of the outcome be free of difficulty. A difference in the outcome of various treatments is the consequence of the differing effects of such treatments. Similarly, the same result from differing sanctions or methods of treatment means that the effect of the various sanctions or